Justice Rahman Oshodi of the Lagos State Special Offences Court, Ikeja, has dismissed the defence’s recusal application.
Olalekan Ojo, leading the defence, argued that previous rulings by the judge indicated a strong likelihood of bias.
During Monday’s session, prosecution witness John Adetola confirmed receiving $400,000 from John Ayoh and delivering it to Emefiele.
The prosecution also sought to authenticate WhatsApp messages allegedly obtained from the mobile phone of Emefiele’s associate, Omoile.
However, the defence objected, insisting the document was only identified and could not be tendered as admissible evidence.
Despite objections, Justice Oshodi allowed the witness to read from the document and adjourned proceedings until Wednesday’s ruling.
Olalekan Ojo further insisted that unconscious or conscious judicial bias necessitated the judge’s immediate withdrawal from the trial.
Supporting Ojo’s argument, Omoile’s counsel, Gbadamosi Kazeem, aligned with the defence’s position regarding potential judicial bias.
Conversely, EFCC counsel Rotimi Oyedepo opposed the motion, asserting the trial had been conducted fairly and impartially.
Justice Oshodi ultimately declined the recusal request and adjourned the matter, with proceedings set to resume Wednesday.
